Queensland Numbered Acts

TRANSPORT LEGISLATION (ROAD SAFETY AND OTHER MATTERS) AMENDMENT ACT 2019 - SECT 20

20 Replacement of s 4 (Matters prescribed for particular exempt transport—Act, s 440)

Section 4 —
omit, insert—

4 Prescribed exempt transport—Act, s 441A

(1) For section 441A of the Act, definition
"prescribed exempt transport" , each of the following is exempt from the application of chapter 14 of the Act—

(a) the transport of the following except if transported with other dangerous goods—

(i) radioactive substances under the Radiation Safety Act 1999 ;

(ii) explosives under the Explosives Act 1999 ;

(b) the transport of a load of dangerous goods if—

(i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2; and

(ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2, note (3)(a), table 1.1.1.2 of the ADG Code for that type;

(c) the transport by a person of a load of dangerous goods by rail if—

(i) the load does not contain dangerous goods—

(A) in a receptacle with a capacity that is more than 500L; or

(B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and

(ii) the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than—

(A) dangerous goods of UN division 1.4S; and

(B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and

(iii) the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and

(iv) the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and

(v) the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3, definition
"aggregate quantity" , is less than 25% of a load of dangerous goods that, under section 78, is required to be placarded; and

(vi) the goods are not being transported by the person in the course of a business of transporting goods by rail;

(d) the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation;

(e) the transport of dangerous goods in a rail vehicle if—

(i) the dangerous goods are in packaging that is—

(A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or

(B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or

(ii) the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.

(2) In this section—

"type" , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.